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August 26, 2025
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North Dakota files lawsuit challenging Bureau of Land Management’s flaring rule

BISMARCK, ND  — On April 24, North Dakota was joined by Montana, Texas, and Wyoming in filing a lawsuit in North Dakota Federal District Court challenging the Bureau of Land Management’s (BLM) newly finalized Waste Prevention, Production Subject to Royalties, and Resource Conservation Rule.

This rule establishes a new royalty on flared gas, institutes monthly limits on allowable flaring, and adds new application requirements for operators regarding their ability to capture natural gas before they can obtain a drilling permit.

Senator Kevin Cramer (R-ND) applauded North Dakota’s leadership for filing this lawsuit, noting “North Dakota, like other western states, must contend with added, unnecessary bureaucratic red tape in developing federal minerals.”

In March, Senator Cramer issued a statement in response to BLM’s announcement of the final rule.

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